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How to End the Southwest Border Wall Standoff

Posted on Thursday, January 31, 2019
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by AMAC, Robert B. Charles
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93 Comments
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Every American now knows the exhausting, cornerstone facts:  An intransigent US House Speaker, flush with power and sure her socialist agenda is the future, refuses to fund anything like a protective barrier along the southwest border.  A resolute President, behind the Resolute Desk, pledges to build a barrier that aims to create credible deterrence, diminish the gush of illegal narcotics and people, protecting America’s public health, public safety and territorial integrity.

To date, we have a standoff.  The stalemate has played out as a purely political issue.  President Trump requested just under six billion dollars for the “wall,” from a federal budget that tops out at four trillion dollars.  Note, a trillion equals one million million, so the President asked for 0.000015 of the federal budget to start the protective barrier or wall.  The House Speaker – and her left-lurching caucus – said “no.”  The president then offered a half dozen compromises to get to “yes,” and still got “no.”

With the partial government shutdown lifted until February 15, the President has endorsed a bipartisan effort to get to “yes,”’ while others within the White House and Republican Party suggest either a second partial shut-down or declaring – as past presidents have for other reasons – a “national emergency,” effectively declaring the illegal drug and illegal immigration crises have reached a “tipping point.”

These three options – political compromise, partial shutdown, and national emergency – are all possible.  But there is a fourth way, and it may at this time be worth considering.  This fourth way requires that the issue become less political and more administrative.  It would allow the socialist-beholden Democrats to claim they blocked this security effort, for whatever that gained them; it would more importantly allow the President to use executive power to resolve the issue, without a national emergency declaration.

What is this option?  It is the marriage of two executive authorities.  The first is found in the longstanding Title 10 authority, with support of the Defense Department, to build barriers along the southwest border to create counter-narcotics and counter-transnational deterrence. 

The specific provision, Section 284, reads:  “The purposes for which the [Defense] Secretary may provide support (a) for other departments of agencies of the Federal Government or State, local or tribal law enforcement agencies, are the following … [include] (7) construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States.”

To be even more specific, there are eight DEA-identified regional drug transportation “corridors” and two of them, corridors E and F, cover the entire southwestern border.  Thus, the initial authorization apparently exists already for creating such barriers, without statutory limit, if the resources were available – without needing an emergency or shutdown.

This moves us to the second question:  Where does the President find roughly six billion dollars, if the US House Speaker and her caucus refuse to make resources available in pending appropriations for the Department of Homeland Security, which nests Customs and Border Patrol (CBP), Immigration and Customs Enforcement (ICE), and the US Coast Guard (USCG)?

The answer is in executive power of to transfer and reprogram resources.  For anyone interested, these authorities are explained in the Congressional Research Service’s “Transfer and Reprogramming of Appropriations.”  Notably, every president has used these powers, extensively. 

In a nutshell, any President may, unless otherwise proscribed, meet unforeseen needs with “authority to shift funds from one appropriations or fund account to another.” In addition, departments and agencies are “permitted to shift funds from one purpose to another within an appropriations account.”

As a practical matter, using this transfer and reprogramming authority, de-conflicting it with any prior statutory limitations, the Bush Administration transferred enormous sums of money (billions) from departments like State to Defense, within departments and agencies, in some cases with congressional concurrence, in others by notification. 

These transfers and reprogramming decisions could probably be executed in small amounts, sequentially or concurrently, made geographically and functionally specific, and aligned by interagency working group or task force to assure key parts of these two southwest corridors for drug trafficking are gradually covered by greater deterrent barriers.

Finally, there is an underutilized authority that is seldom even recognized, but genuinely valuable.  As an Assistant Secretary of State under George W. Bush and Colin Powell, I used it to good effect. This is the authority to review money that was obligated (to prevent it from being rescinded), but never liquidated, that is never yet spent.  There is actually a LOT of that money “parked” in what amount to escrow accounts, obligated to contractors for future use, and yet never spent. 

Example:  What I did as a newly-confirmed Assistant Secretary was find (in one bureau) $60 million that had not been liquidated, going back ten years.  I then required that money be liquidated by Ambassadors within 48 hours for the purpose appropriated by Congress, or I would de-obligate it immediately, and put it against new requirements.  The entire $60 million came back to taxpayers, and was applied against future requirements – reducing future costs.  That could also be done to pay for the wall; just imagine how many bureaus and agencies reside in federal departments.

In short, there is a non-political way to begin work on the border wall.  That could be executed if the other options fall short.  Then we could start the hard work – of fighting socialism, resolving the wider illegal immigration and drug crises, and reaching agreements that will help early 2020 be smoother than 2019.  Just an idea.

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Pamela S Lee
Pamela S Lee
5 years ago

So why Doesn’t the president “Just Do it”?

mary Lou Wyrick
mary Lou Wyrick
5 years ago

send this idea to the President P L E A S E, We need the wall.

Glenda Haskins
Glenda Haskins
5 years ago

Awesome solution!!

Concerned
Concerned
5 years ago

The more I hear about things like this, the more confident I am that President Donald Trump will get the wall built. Yes, and by me using the word “Wall”, I reference all things that are necessary to construct an operate effectively an appropriate level of border security. I sure wish the Progressives on the other side of the aisle would “do” as much as they say they “care” about America and its citizens.

James Tadin
James Tadin
5 years ago

Good idea as long as the Democrats don’t have to approve or go along with ANY part of it which they won’t do.

randy984
randy984
5 years ago

then why all this bull crap just do what is right and needed but doggone it get your court system to ok it before somebody gets a court to say not okay

Lynn
Lynn
5 years ago

Yes build the wall! However its time the government judges STOP blocking our President and his progress of making America Great again! Time to vote our Congress and Senators who have been in office more than 6-8 years OUT of office! Time to make our government ACCOUNTABLE!! That means the citizens need to stand and be heard!

Schuyler
Schuyler
5 years ago

Depending on who owns the border, states or federal government, would it be possible for the President to establish the border area a federal defense installation? If so, then funding for a wall would be available through DOD. It would also be able to be administered by base or regional commanders. Protecting the area could be contracted out to DHS, and Boarder Patrol.

Carol L Hunter
Carol L Hunter
5 years ago

Mr. Charles makes it not only sound possible, he makes it sound downright simple, so why hasn’t President Trump listened to or heeded such advice? Why does he keep haggling with the hag when he could move on and take control?

Raymond
Raymond
5 years ago

The arguments for building a wall or not just keep going on and on with Republicans and Democrats. They both are ridiculous. It’s been that way for the longest time. I haven’t heard anyone come up with a BETTER solution. The USA, with all this CHILDISH arguing, is NOT a well-oiled machine. Why don’t we ask some leader of a country that is well-oiled, (If there is one), to solve the problem. We have nothing to lose.

CoCo
CoCo
5 years ago

This article has given me so much hope! I was getting extremely upset with the Democrats in their absolute negativism. I am one of the people in this country that believes we need the wall and support our President. It gives me great comfort to know that there other other sources of funds that our President can use to go ahead with the planned wall. HopefuLily your next article on this matter will state that President Trump is on track with these plans.

Domenick
Domenick
5 years ago

Please check your math. Although I am totally behind the president and the wall, reporting incorrect numbers gives the opposition an excuse to discredit us. $5.7 billion is .001425 of $4 trillion. About 100 times larger than you quote in the article.

Ida Wade
Ida Wade
5 years ago

Great ideas. Move forward with them to the people who can impact decision making. Spread the word and pray for results.

David Benson
David Benson
5 years ago

Where did Obama get that pallet of cash to send to Iran? I don’t think it was approved by congress.

David Benson
David Benson
5 years ago

Where did Obama get that pallet of cash to send to Iran? I don’t think it was appropriated by Congress. Maybe President Trump needs to find that stash, and grab a handful.

Dee
Dee
5 years ago

I don’t know where the politicians are getting their reports but there are more Americans that are tired of all this bickering in congress and do want the border secured. So It is time for all of us to get some guts and get behind our president and let him know he needs to declare the national emergency and get things done. A another shutdown is not the answer unless you are going to stop Pelosi’s and Shuler’s pay check doing the next shutdown. After all Obama helped to destroy America we need to let Trump clean up this corrupt government by cleaning house. I for one have prayed and still am praying for our government and our president that The real God will intercede. After all there is nothing impossible for him to do. How many more lives have to be lost to drug and violence by the cartel and gangs before this nation will wake up.

Mary A. Lombardo
Mary A. Lombardo
5 years ago

Are you making this suggestion to someone in government???

Uncle willie
Uncle willie
5 years ago

Build the wall anyway you can and have to mr Trump .It is time we quit talking and start building before it is to late and more crimals come to the us and kill our children and our families.

Drue
Drue
5 years ago

Mr. President, BUILD THE WALL! Screw Pelosi and Schumer. They do not represent the American people. Just a few short years ago they both are on record (video) demanding the building of a border wall. This is purely a power play by the Demorats.

Ruth
Ruth
5 years ago

Tell President Trump how to do this!!

Thomas H
Thomas H
5 years ago

No matter what Trump does, the (d)s likely have a liberal judge in the wings waiting to jump up and yell “unconstitutional”!

Evelyn
Evelyn
5 years ago

Declare state of emergency and fund the wall. Not having a physical wall built of concrete, steel or both is a clear danger to our national security. The use of technology and increased man power at the border is also helpful to our security,. However, having the wall is as important.

Ronald Smith
Ronald Smith
5 years ago

I think that President needs to move funds for good use, like building the wall. I heard in the news that the shut down cost the Tax apayets $11 Billion. Well where does that money come from, Nancy P. Budget? You could have put these finds to work & built the wall twice what the President wanted. If walls don’t work like the other President OBAMA Stated why did he have a wall built around his rented home before he moved out of the White House?
Congress what ever you do with health care don’t put the US Government in charge they don’t no how to manage! Look at our burned up forests! It’s called “Management”!
They don’t know how to do it! CLEAN UP THE FORSETS DEAD TREES & UNDER BRUSH NEED TO BE REMOVED! MY GRAND FATHER, & FATHER WERE STOCKMAN OUR PRIVATE FOREST NEVER LOOKED LIKE YOURS! We had sheep & cattle to graze in the areas. Where are all of our livestock now that used to use the forests? YOU PUT THEM OUT OF BUSINESS WITH RAISING GEAZING FEES & the WONDERFUL NAFTA!
KEEP IT UP YOU WILL LOSE THE NATION!

Stan
Stan
5 years ago

Send this to the President!!!

Schultz
Schultz
5 years ago

Has this been presented to President Trump??? This would get our wall and not have to make any deal with “Just say no Nancy”.

Schultz
Schultz
5 years ago

Has this been passed on to the White House??? I think it’s imperative that he presents these options.

BARBARA M TAFUNI
BARBARA M TAFUNI
5 years ago

Parts of this can be a “virtual” wall with drone or other physical observation and detention activities along with physical deterrent.

Surrelam
Surrelam
5 years ago

I’m sure there are legal hurdles, but what about Ted Cruz’s idea of getting $$$ from El Chapo?

Thomas Wozniak
Thomas Wozniak
5 years ago

I wanted to immediately tweet this proof of the constitutional code video..but I could not set up a Twitter account fast enough to be able to do it…if anyone out there already has a Twitter account watch this video and then you will want to send it to the president ..thank you

Thomas Wozniak
Thomas Wozniak
5 years ago

Just 2 days ago Gary franchi of next news.. just put up his video of proof that we have a constitutional code to use for building the wall and funding.. please go to next news.com and if you have a Twitter account please tweet that video to President Trump..

Chuck
Chuck
5 years ago

Build the wall. No excuse. Reallocate the funds and get on with it. Screw the liberal judges. They can rule. They cannot enforce.

Karen
Karen
5 years ago

Have you shared this with anyone of power in Washington? Does President Trump know this alternative is available? Please let someone who can actually do something know about this!

Tom
Tom
5 years ago

Build the wall; deport illegals; end chain migration; no path to citizenship for illegals; end birth right citizenship, as it isn’t within current law.

Robert Windle
Robert Windle
5 years ago

This way or any way feasibly possible would be great! We are not socialists, so let’s get this wall done to protect our country and democracy!

ahem tonto
ahem tonto
5 years ago

At least several issues critical to America that are dependent upon border security and border control are putting us in peril. The one most overlooked and understated is our sovereignty. When we are no longer a sovereign nation we loose all control of our destiny as a once united people. Factions from other nations and their cultures compete and we will lack a common purpose as factions compete for their singular purposes. The second is public safety as we are currently being unnecessarily placed in harm ways from foreign nationals criminal elements, potential jihadist terror attacks gangs and international drug cartels. Factions of a nation that do not assimilate into the native population will destroy the nation from within, just as we are already seeing. Anyone that wishes to become an American citizen must go through our nation’s legal immigration process or be deported, period. We cannot be the world’s keeper. Our ecology is being devastated by millions of illegals crashing our borders, dumping their trash and waste throughout the fragile ecology of the southwest. The illegals bring waste and diseases, overload our infrastructure and overtax law enforcement our judicial and penal systems. We pay for their children’s education, their healthcare, supplemental nutrition (SNAP), housing assistance, and welfare and they take our native citizens jobs while we do without. They earn money, mostly un-taxed and then send the money back to their native lands un-taxed. Then we give their children instant citizenship that extends to the entire family. Illegal and excessive legal immigration are solely responsible for the extinction of America’s middle-class,the envy of the entire world. Speaker Pelosi needs to be impeached for criminal acts against the American people for failure to enforce our immigration laws and to provide for the defense of the homeland by ignoring the threat imposed by the lack of adequate border walls. She is the most un-American speaker of the House to ever hold that office. She believes she is all powerful and can rule and control the entire U.S. government and all U.S. citizens. She ignores the laws and is an affront to the rule of law. Her impeachment for many crimes prior to this term as speaker cannot begin soon enough.

Michael
Michael
5 years ago

The President WILL BE stopped by a lib judge’s injunction. Then the President ‘MUST’ PROCEED…EVEN IF IT CREATES A constitutional crisis. BUILD THE WALL RET US ARMY

William Farris
William Farris
5 years ago

Call it what it really is! Communism!! Remind people of the Union of Soviet SOCIALIST Republics. Socialism IS Communism!!!!!!!

Michael Cozzi
Michael Cozzi
5 years ago

Build the wall

Irv C
Irv C
5 years ago

It is an emergency to build the wall. So when Pelosi tries to stop it, isn’t that Sedition? Usurping the Constitution? Can’t he arrest her and her followers? This BS must stop or we will be Venezuela II.

Wendy Markwell
Wendy Markwell
5 years ago

Good we need the wall , but we do not need another shut down, a great idea to accomplish what we want.

Tolbert Barton jr
Tolbert Barton jr
5 years ago

Getter dun

Peggy Fulford
Peggy Fulford
5 years ago

Love your recommendations for our President. hope he will use one of them if Pelosi and her crew disagree with the President. Thank You

Gary
Gary
5 years ago

Why doesn’t President Trump dip into Pelosi and other Senate pay check by reducing their wages.Bet the money for the wall would be generated quickly.

Linda meyer
Linda meyer
5 years ago

Why haven’t we heard of this before? He should take money from planned parenthood!!!!!!

Norma A Vincent
Norma A Vincent
5 years ago

I am already getting AMAC’s newsletter, I think, since it comes in my email.

Chloe
Chloe
5 years ago

I think this is a great idea! I hope it will be brought to the Presidents attention and that he will utilize it to get the wall built! AS you said, I am sure there is a lot of money out there that could be used and since it is, technically, my money and yours, it would be nice to see it spent for something this country needs.

Patrick Moody
Patrick Moody
5 years ago

Makes sense. Many corporations will recall funds for specific projects if they are not undertaken or completed in a certain length of time then re-appropriate those funds to another project. Just government doing that in these cases.

Michael Javick
Michael Javick
5 years ago

AND then THEY will RUN CRYING TO THEIR LIB JUDGES—AND BINGO–GET STOPPED AGAIN ! ?

Lloyd 1954
Lloyd 1954
5 years ago

Recommend going all in with the Democrat talking points. give them their technology. Armed UAVs patrolling and stopping criminals with Hellfires and dumb bombs. Autonomous land vehicles armed with .50 cal or GAU 17 criminal stoppers.

Jerry
Jerry
5 years ago

Trump was an IDIOT for ending the government shutdown on the Dems promise they’d negotiate border security if he ended the government shutdown. I can no longer support him because of this. All these government workers would have to have done was explain to their creditors & of course show proof of their employment & they would’ve received waivers from their debts until the Dems were forced to come to the table, after all they still got their pay when it ended. Trump let me down when he signed the first omnibus without border security & said he’d never do it again. This time I’m done! He’s as bad as they are! I’m not voting for anyone in 2020!

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